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(영문) 서울중앙지방법원 2016.05.25 2015고단8342
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a metropolitan bus.

On October 23, 2015, the Defendant driven the above bus around 22:55, and proceeded at the crosswalk 32 in front of the Gangnam-gu Seoul Central Government, Jung-gu, Seoul, with about 43 km each hour along the two-lanes from the intersection of Seodaemun-gu to the intersection of Sejong-ro.

At the time, it was difficult for a driver to see whether a person engaged in driving service has a road by reducing speed and checking the right and the right and the right of the vehicle at night, because of the headlight of the vehicle operated at night, and there was a duty of care to safely drive the vehicle.

Nevertheless, the defendant neglected this and found the victim D, who was crossing the red signal crossing from the left side due to negligence, late to find it late and operated to avoid it. However, the defendant did not avoid it, but received the victim's head in front of the bus driver's seat, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the diversous shock shock from the Gangnam Samsung Hospital around October 24, 2015 at around 00:05 on October 24, 2015 by occupational negligence.

Summary of Evidence

1. Partial statement by the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A yellow light or a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to on-site photographs and death reports;

1. Article 3 (1) of the Act applicable to the facts constituting an offense, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the selection of

1. Article 62(1) of the Criminal Act (i.e., the first offender and the bereaved family members are not punished by the defendant, etc. by mutual consent between the bereaved family members of the victim and the bereaved family members), and the judgment of the defendant, at the time of the instant traffic accident.

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